You will need
- - civil code of the Russian Federation.
On the basis of article 439 of the Civil procedure code the Executive production may be terminated if the claimant waives his claims and penalties, and also is the conclusion of a settlement agreement between the parties. Keep in mind that if all assigned actions will be stopped and resume again stopped Executive manufacture will be impossible. It is also necessary that the waiver or settlement agreement were adopted and approved by the court. This happens in case if these actions do not violate the rights of third parties, and apply only to parties involved in the dispute.
Also grounds for termination of enforcement proceedings is the death or the disappearance of one of the parties and the absence of the legal successor of such person. Cancellation is possible at the expiration of the penalty prescribed by law, or in case of insufficiency of the material base to cover all claims of the claimant.
Also it is possible to cancel the Executive production, if the defendant had not been provided with a court order and does not know about its existence. In this case, if you are a debtor, you must send to the court the application for issuance of a copy of this order. Together with the application submit an objection to the execution of this document to the judge.
Write a statement about the suspension of the proceedings in the name of the bailiff who filed, and send a registered letter to the bailiffs. Specify that since you were not familiar with the order and production has already entered into force, thus, is a violation of the law, since the beginning of the execution proceedings the court must confirm that the debtor has received a copy of the court order. The basis for this is article 128 of the Civil procedure code of the Russian Federation.
Advice 2: How to stop the enforcement proceedings
You had begun Executive manufacture. It is possible, if you exceed the duty, if you started the case declaring you bankrupt or someone won against you in court. To stop Executive manufacture is possible in several ways. The first way is to fulfill all requirements of the bailiff. The second way to appeal the decision on beginning of enforcement proceedings.
The law "About Executive manufacture" gives you the opportunity to voluntarily comply with the requirements set out in the writ. Usually it is a week. In this case, you will not be charged Executive collection. The latest – a thing unpleasant. It represents accruals for each day that lasted an Executive production and can reach very substantial amounts. It is best to volunteer to fulfill the requirements of the bailiff, which will save you significant amounts of money.
However, you may not want to immediately pay money. In this case, the bailiff will withdraw your property in order to repay the debt. The property will be sold at bargain prices. And Executive will be charged a fee for each day until the bailiff sells the property. This is completely the opposite procedure.
You can appeal against actions of a bailiff in court if they violate your rights. In addition, the bailiff shall seize the property in the order specified in the law "On enforcement proceedings". Otherwise, his actions will be deemed illegal.
You can also appeal the decision on the basis of which you begun Executive manufacture. The reasons for this can be very different. If this is a civil case, submit a Supervisory complaint. Try not to miss your chance; the supervision is being reformed actively, it is unclear what will happen to him in the coming years.
You can also declare that opened up new facts that prove your innocence in a dispute. In this case, will begin production on the new or again opened circumstances. In your best interest to finish it faster – the Executive collection and the production will not be completed until the court's decision will be made.